

                                  CONSTITUTION   
                                     OF THE      
                               STATE OF LOUISIANA


                                    PREAMBLE

          We, the people  of Louisiana, grateful  to Almighty God  for
          the civil, political,  economic, and religious  liberties we
          enjoy, and  desiring to  protect individual  rights to life,
          liberty, and  property; afford  opportunity for  the fullest
          development of  the individual;  assure equality  of rights;
          promote the  health, safety,  education, and  welfare of the
          people; maintain  a representative  and orderly  government;
          ensure domestic tranquility; provide for the common defense;
          and secure the blessings of freedom and justice to ourselves
          and our  posterity, do  ordain and  establish this constitu-
          tion.


                                    ARTICLE I      

                              DECLARATION OF RIGHTS

Sec. 1.   All government, of  right, originates  with  the people,  is
          founded on their  will alone, and  is instituted to  protect
          the rights of the individual and for the good of the  whole.
          Its only legitimate ends are to secure justice for all, pre-
          serve peace, protect the  rights, and promote the  happiness
          and general welfare of the people.  The rights enumerated in
          this Article are inalienable by the state and shall be  pre-
          served inviolate by the state.

Sec. 2.   No person  shall be deprived of life, liberty,  or property,
          except by due process of law.

Sec. 3.   No person shall be denied the equal protection of the  laws.
          No law shall discriminate  against a person because  of race
          or religious ideas, beliefs, or affiliations.  No law  shall
          arbitrarily,  capriciously,  or  unreasonably   discriminate
          against a person because of birth, age, sex, culture,  phys-
          ical condition, or political ideas or affiliations.  Slavery
          and  involuntary  servitude  are  prohibited,  except in the
          latter case as punishment for crime.

Sec. 4.   Every  person has the  right to acquire, own,  control, use,
          enjoy, protect, and dispose of private property.  The  right
          is  subject  to  reasonable  statutory  restrictions and the
          reasonable exercise of the police power.

          Property shall not be taken  or damaged by the state  or its
          political subdivisions except  for public purposes  and with
          just compensation paid  to the owner  or into court  for his
          benefit. Property shall not be taken or damaged by any  pri-
          vate entity authorized by  law to expropriate, except  for a
          public and necessary purpose and with just compensation paid
          to the owner;  in such proceedings,  whether the purpose  is
          public and necessary shall be a judicial question. In  every
          expropriation, a party has a  right to trial by jury  to de-
          termine compensation, and the owner shall be compensated  to
          the full extent of his loss.  No business enterprise or  any
          of its assets  shall be taken  for the purpose  of operating
          that  enterprise  or  halting  competition with a government
          enterprise. However, a municipality may expropriate a  util-
          ity within its jurisdiction.   Personal effects, other  than
          contraband, shall never be taken.

          This Section  shall not  apply to  appropriation of property
          necessary for levee and levee drainage purposes.

Sec. 5.   Every person  shall be secure in his person,  property, com-
          munications, houses, papers,  and effects against  unreason-
          able searches, seizures, or invasions of property.  No  war-
          rant shall issue without probable cause supported by oath or
          affirmation,  and  particularly  describing  the place to be
          searched, the persons or things to be seized, and the lawful
          purpose or reason for  the search. Any person  adversely af-
          fected by a search or seizure conducted in violation of this
          Sec.  shall  have  standing  to  raise its illegality in the
          appropriate court.

Sec. 6.   No person shall  be quartered in any house without the  con-
          sent of the owner or lawful occupant.

Sec. 7.   No law shall curtail or restrain the freedom of speech or of
          the press.  Every person  may speak, write, and publish  his
          sentiments on any subject, but is responsible for the  abuse
          of that freedom.

Sec. 8.   No law shall be enacted respecting an establishment of reli-
          gion or prohibiting the free exercise thereof.

Sec. 9.   No  law shall  impair the  right  of  any person to assemble
          peaceably or to petition government for a redress of  griev-
          ances.

Sec. 10.  Every  citizen of the state,  upon reaching the age  of (18)
          eighteen years of age, shall have the right to register  and
          vote, except that this right may be suspended while a person
          is interdicted and judicially declared mentally  incompetent
          or is  under an  order of  imprisonment for  conviction of a
          felony.

Sec. 11.  The right of each citizen to keep and bear arms shall not be
          abridged, but this provision  shall not prevent the  passage
          of laws to prohibit the carrying of weapons concealed on the
          person.

Sec. 12.  In access  to public areas, accommodations, and  facilities,
          every person  shall be  free from  discrimination based upon
          race,  religion,  or  national  ancestry and from arbitrary,
          capricious,  or  unreasonable  discrimination  based on age,
          sex, or physical condition.

Sec. 13.  When any person has been arrested or detained in  connection
          with  the  investigation  or  commission  of any offense, he
          shall be advised fully of  the reason for his arrest  or de-
          tention, his right to remain silent, his right against  self
          incrimination, his right to  the assistance of counsel  and,
          if indigent,  his right  to court  appointed counsel.   In a
          criminal prosecution,  an accused  shall be  informed of the
          nature and  cause of  the accusation  against him.   At each
          stage of the  proceedings, every person  is entitled to  as-
          sistance of counsel of his choice, or appointed by the court
          if he is indigent and charged with an offense punishable  by
          imprisonment.  The legislature  shall provide for a  uniform
          system for securing  and compensating qualified  counsel for
          indigents.

Sec. 14.  The right to  a preliminary examination shall not be  denied
          in felony  cases except  when the  accused is  indicted by a
          grand jury.

Sec. 15.  Prosecution of a felony shall be initiated by indictment  or
          information, but  no person  shall be  held to  answer for a
          capital crime  or a  crime punishable  by life  imprisonment
          except on indictment  by a grand  jury.  No  person shall be
          twice placed in jeopardy for the same offense, except on his
          application for a new trial, when a mistrial is declared, or
          when a motion in arrest of judgement is sustained.

Sec. 16.  Every person charged with a crime is presumed innocent until
          proven guilty and is entitled  to a speedy, public, and  im-
          partial trial in the parish where the offense or an  element
          of the offense occurred, unless venue is changed in  accord-
          ance with law.   No person shall  be compelled to  give evi-
          dence against  himself. An  accused is  entitled to confront
          and cross examine the  witnesses against him, to  compel the
          attendance of witnesses, to  present a defense, and  to tes-
          tify in his own behalf.

Sec. 17.  A criminal case in which the punishment may be capital shall
          be tried before a jury  of twelve persons, all of  whom must
          concur to render a verdict.  A case in which the  punishment
          is  necessarily  confinement  at  hard  labor shall be tried
          before a jury of twelve persons, ten of whom must concur  to
          render a  verdict.   A case  in which  the punishment may be
          confinement at hard labor or confinement without hard  labor
          for more than six months shall be tried before a jury of six
          persons, five of whom must  concur to render a verdict.  The
          accused shall have the  right to full voir  dire examination
          of prospective jurors and to challenge jurors  peremptorily.
          The number of  challenges shall be  fixed by law.  Except in
          capital cases, a  defendant may knowingly  and intelligently
          waive his right to a trial by jury.

Sec. 18.  Excessive bail shall  not be required.  Before and  during a
          trial,  a  person  shall  be  bailable by sufficient surety,
          except when  he is  charged with  a capital  offense and the
          proof  is  evident  and  the  presumption of guilt is great.
          After conviction  and before  sentencing, a  person shall be
          bailable if  the maximum  sentence which  may be  imposed is
          imprisonment for five years or less; and the judge may grant
          bail  if  the  maximum  sentence  which  may  be  imposed is
          imprisonment  exceeding  five  years.   After sentencing and
          until final  judgement, a  person shall  be bailable  if the
          sentence actually  imposed is  five years  or less;  and the
          judge  may  grant  bail  if  the  sentence  actually imposed
          exceeds imprisonment for five years.

Sec. 19.  No person  shall be subjected to imprisonment  or forfeiture
          of rights or property  without the right to  judicial review
          based upon a complete record of all evidence upon which  the
          judgement is based.  This right may be intelligently waived.
          The cost of  transcribing the record  shall be paid  as pro-
          vided by law.

Sec. 20.  No law shall  subject any person to euthanasia, to  torture,
          or to cruel, excessive,  or unusual punishment. Full  rights
          of citizenship shall be  restored upon termination of  state
          and  federal  supervision  following  conviction for any of-
          fense.

Sec. 21.  The writ of habeas corpus shall not be suspended.

Sec. 22.  All  courts shall  be open, and  every person shall  have an
          adequate remedy by due process of law and justice,  adminis-
          tered without denial, partiality, or unreasonable delay, for
          injury to him in his person, property, reputation, or  other
          rights.

Sec. 23.  No  bill of attainder, ex  post facto law, or  law impairing
          the obligation of contracts shall be enacted.

Sec. 24.  The enumeration in this constitution of certain rights shall
          not deny or disparage other right retained by the individual
          citizens of the state.

                                 ARTICLE X

Sec. 30.  Every official shall take the following oath or affirmation:

          "I do  solemnly swear  (or affirm)  that I  will support the
          constitution of the United  States and the constitution  and
          laws of this state and that I will faithfully and impartial-
          ly discharge and perform all the duties incumbent upon me as
          ......., according to the best of my ability and understand-
          ing, so help me God."



